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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554
Bachow/Coastel, L.L.C., )
)
Complainant, )
)
v. ) File No. WB/ENF-F-98-
) 005
GTE Wireless of the South, )
Inc., )
)
Defendant.
ORDER ON RECONSIDERATION
Adopted: May 10, 2001 Released: May 14, 2001
By the Commission:
In this Order, we deny the Petition for Reconsideration
that ALLTEL Illinois Limited Partnership (``ALLTEL'') filed on
March 26, 2001, as the successor in interest to three cellular
licenses previously operated by GTE Wireless of the South, Inc.
(``GTE''). On February 29, 2000, the Enforcement Bureau issued
an order holding that GTE had violated the Commission's rules
because the service area boundaries associated with three of its
cellular licenses overlapped into the Gulf of Mexico cellular
geographic service area (``GMSA'') licensed to Bachow/Coastel
L.L.C (``Bachow'').1 On March 16, 2000, GTE filed an Application
for Review of the Enforcement Bureau's decision. The Commission
denied the Application for Review on February 22, 2001.2 In the
instant Petition for Reconsideration, ALLTEL requests that the
Commission reverse its previous decision.
Where the Commission has denied an Application for
Review, as we have done here, a Petition for Reconsideration will
only be entertained if it relies on new or previously unknown
facts or circumstances.3 Because ALLTEL raises no new or
previously unknown facts or circumstances, we deny its Petition
for Reconsideration.4
Accordingly, IT IS ORDERED, pursuant to sections 1,
4(i), 4(j), and 208 of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 151, 154(i), 154(j), 208, and section 1.106
of our rules, 47 C.F.R. § 1.106, that the Petition for
Reconsideration filed by ALLTEL IS DENIED.
FEDERAL COMMUNICATIONS COMMISSION
Magalie Roman Salas
Secretary
_________________________
1 See Bachow/Coastel, L.L.C. v. GTE Wireless of the South,
Inc., Order, DA 00-420 (rel. Feb. 29, 2000) (``Order'').
2 See Bachow/Coastel, L.L.C. v. GTE Wireless of the South,
Inc., Order on Review, FCC 01-59 (rel. Feb. 22, 2001) (``Order on
Review'').
3 See 47 C.F.R. § 1.106(b).
4 See id. We reject ALLTEL's suggestion that its role as
successor to GTE justifies relitigating previously decided
issues. See Petition for Reconsideration at 1, n.3.